Comparative Negligence

“This is Commissioner Troy Downing. Have you ever been the victim of an automobile accident and had the other driver’s insurance company partially blame you for the accident and require you to pay part of the claim?

Assigning liability levels to two or more parties involved in a traffic accident is called Comparative Negligence or Comp Neg.

Insurance companies may be motivated to inappropriately assign comparative negligence in cases where no negligence exists.

Most insurance companies are good actors, but some may be probing the fence by increasing Comp Neg claims where none exist by assuming small-dollar claims won’t be contested. In other words, they assume you won’t file a complaint if the claim is too small.

If you believe you have been improperly assigned a portion of blame following an accident, contact our office, at 406-444-2040.”

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